Best Law Help

What To Do If Your Vehicle Is Written Off

Admin ROP — Tue, 01 May 2012 08:22:00 +0000

If your car is written off, then you have a legal obligation to take it to an authorised treatment facility to be scrapped. Scrap cars can be a lucrative business for criminals dealing unscrupulously, so it is vital that you follow these guidelines in order to ensure that you do not face criminal charges or fines from the DVLA.

Authorised treatment facilities will make sure that your car, light van or three wheeled vehicle is dismantled in an environmentally friendly way and give you a certificate of destruction as soon as they take the vehicle. This certificate is essential, as it means that you are no longer responsible for the vehicle, or liable should it fall into the wrong hands.

If you’re not given a certificate of destruction or your car isn’t being destroyed, you must tell the DVLA that you no longer own it by completing a V5C/3 “Notification of sale or transfer” form. They should then respond by post within a month. If you have dismantled the vehicle personally, you must either continue to pay tax on it, or assure the DVLA that you aren’t keeping it on the public roads by filling in a Statutory Off Road Notification form which you will need to complete annually until you no longer possess it.

If your insurance company decides that your vehicle must be written off, then they will ask for it as a return for loss of payment and you will need to fill in the V5C/3 part of your registration certificate and send it to the DVLA. You will then need to send the rest of the registration certificate to your insurance company.

If the insurance company asks for the entire certificate to fill in and send to the DVLA, then you should contact the DVLA to ensure that your name has been taken off their records to make sure that you no longer have responsibility for the car.

Personal Injury Claim for Victim of Failed Hip Replacement

Admin IQY — Thu, 26 Apr 2012 15:45:20 +0000

The victim of a failed hip replacement will seek personal injury claims compensation after the replacement hip apparatus became defective after just four years of use.

Susanna Derham, 40, was told the metal hip replacement would last for upwards of twenty five years, when in actual fact it did not last for anywhere near that.

The ASR hip replacement consists of a metal ball attached to the top of the hip bone with a metal cup replacing the hip socket. The manufacturer of the product, DePuy, has since issued a worldwide recall of the product.

Ms Derham said: “I started to have groin pain, further down the line swelling and everyday activities became harder.”

Personal injury lawyers representing the claimant explained that the metal surfaces of the hip joint wore away and released metal particles into Ms Derham’s blood stream causing further secondary health problems. For both reasons, Ms Derham seeks personal injury compensation.

She said: “I don’t know if I ever will totally recover from this. It’s worrying and you just don’t really know what the future holds for you.”

A spokesman for manufacturers DePuy said: “Since the recall decision was made, DePuy has worked to provide patients and surgeons with the information and support they need.

“DePuy is committed to addressing reasonable and customary costs of testing and treatment for reasons related to the ASR recall and DePuy’s efforts to support ASR patients and their surgeons remain a top priority.”

The claim is just one of an incredible 120 against DePuy, here in the UK.

Ms Derham has since had her ASR metal hip replaced with a ceramic ball joint.

Changes to UK Asbestos Law

Admin ROP — Mon, 16 Apr 2012 10:50:31 +0000

The laws regarding compensation for asbestos related injuries has changed several times in recent years and it can be confusing and difficult to keep up with, but this should certainly not stop you seeking compensation if you have been the victim of negligence that has led to an asbestos illness. The reason for the changing laws is to do with small insurance brokers that have been fighting a legal battle so that the policy holders at the time of exposure are not responsible, but hopefully this has been settled recently and finally at the UK supreme court.

Mesothelioma is a form of aggressive lung cancer shown here

When asked about the case, Nick Starling, a director of the British Association of Insurers said “This case has been pursued by a small group of ‘run-off’ insurers acting independently and at odds with the views of the majority of the UK insurance industry” – [a run off insurance company is a company that is no longer accepting new policies].

The insurers pursuing this case wanted the financial liability to rest with the employment insurers at the time the symptoms developed. However, most asbestos related illnesses have an incubation period of at least 15 years, so the companies responsible for the negligence which has caused so much damage are not being held responsible for their actions and victims and their families are being left confused and their suffering extended.

With this new ruling, any victims filing mesothelioma claims or any claim for an asbestos related disease will be able to clearly and confidently pursue justice and compensation from the insurers at the time of exposure.

One of the Supreme Judges, Lord Clarke, said “The negligent exposure of an employee to asbestos during the policy period has a sufficient causal link with subsequently arising mesothelioma to trigger the insurer’s obligation”

Because asbestos inhalation is so lethal, this ruling, based on what Lord Clarke has said, makes exposure to asbestos no different to any other form of workplace negligence that might cause a physical injury. And it places the same level of responsibility with the employer and their insurer.

This recent ruling will bring a great relief to some of the sufferers that have been struggling with long and expensive legal battles on this issue. If you are still confused about the law and your rights for asbestos injuries you can contact a team of expert solicitors for some free and confidential advice.

Talk Your Way into That Job In Legal Services

Admin MNV — Thu, 12 Apr 2012 10:57:12 +0000

Getting an interview for a job in legal services is only a small part of the process of finding a new employer. The main goal is to actually secure the position, and there are things you can say during the interview that will give you a substantial advantage over the competition.

The interview procedure, from an employer’s perspective, is designed to select the most appropriate candidate for the vacant position. Your goal should be to convince the interviewer that you are not only the best person for the job, but that you are the only person! What you say, (and often, how you say it), is the simplest and most effective way of presenting yourself as that ideal candidate. Say for example you’re a divorce lawyer, you want to push upon your interviewer, how successful you’ve been in all of your previous cases.

You should, prior to the interview, have already done some research into the company, and confidently demonstrating your knowledge of the business will convince the interviewer that you are motivated to win the job. A highly motivated person gives off an aura of positivity which, in turn, increases your self-confidence and the interviewer’s confidence in you.

You should stress your attributes and experience relevant to the job, with the intention of grabbing the attention of the interviewer, and holding that attention throughout the interview .Any previous experience, no matter how little, should always be put forward if it is relevant. If nothing else, it will show that you have a rudimentary understanding of that particular role and, if appropriate, you could always say that this is an area in which you would like to develop further. It may also be pertinent to ask if there are any resources available within the company to follow this up. So for example, say you had previously worked in a financial services job, your customer facing experience would be just as relevant to your new legal employer than anything else.

Stressing your relevant experience, and outlining your plans for a future with this company, will demonstrate an eagerness to succeed. Ask if there are any provisions to increase your academic qualifications whist working for them – this will again show motivation, which, in turn, usually indicates a productive and dedicated employee. Likewise, previous accomplishments will also reinforce what a conscientious employee you could be.

All employers value flexibility. Ensure that you state to the interviewer that you are prepared to be flexible at all times. The fact that you actually say it will give you an advantage over other candidates who may be flexible, but don’t think it important enough to put forward.

Finally, whatever you say, say it with confidence. Focus on being positive, and act as if you have already been offered the job. This will banish nervousness and instil confidence in the prospective employer that you will be an asset to their organisation.

Having followed these guidelines, you know that, when you thank the interviewer for their time, it will not be too long before they contact you with that job offer.

Family Law and Negotiation

Admin ROP — Wed, 11 Apr 2012 14:23:31 +0000

Legal proceedings are often a difficult and lengthy process and this becomes even harder when the parties involved are or once were family. This is where the important elements of negotiation and discussion become vital tools for enduring the stresses of dealing with the legal system. In many legal disagreements such as those in the workplace, open lines of communication make it easier for everyone involved, but this is particularly true when it comes to family cases. If it is possible, negotiation and discussion will be encouraged by many family solicitors in London.

When clients find themselves in a situation that could be dangerous or harmful, every step will be taken to remove them from this situation because their safety and protection is held at an absolute premium. This can sometimes be the case as solicitors deal with cases of domestic abuse or any situation in which one party feels threatened or intimidated. However, if a civil relationship with the other party can be maintained, it will make the entire process much easier as well as cheaper and quicker. Ideally, family solicitors, like those endorsed by Resolution will act as advisors to protect the rights of their clients, whilst the majority of the negotiation is covered by the claimants discussing what it is they would each like to achieve.

Family solicitors cover a wide range of different cases:

Divorce, Nullifying and Judicial Separation Cases
Pre-Nuptial Agreements
Cohabitation Cases
Civil Partnerships
Domestic Abuse Injunctions
Inheritance Claims
Child Related Cases including Maintenance
Separation Agreements

With this kind of speciality it can be greatly beneficial to hire a family solicitor rather than relying on a private lawyer that may not have a similar level of expertise in this particular field.

When it comes to family cases there is a great deal of after care required and everyone involved must work together to try to make this a reality. Even once separated it is important to work with your partner so that you can find a solution that will make everyone as happy as possible in the long run; this is particularly true when children are involved. A stressful and long legal process will have a recursive effect on the children of a family that is separating.

For any family based legal process, it is important to ensure that your rights are protected and that you are not taken advantage of; that is an essential service that all family solicitors will provide. However, the first step towards a happy resolution always has to start with negotiation.

Asbestos Claims and Your Rights

Admin ROP — Tue, 03 Apr 2012 12:21:24 +0000

Asbestos inhalation is a very serious and dangerous accident in the industrial sector and all steps must be taken to avoid any contact with disturbed asbestos and those steps are taken by modern companies. But this has not always been the case, before extensive regulation was brought in, many workers, particularly in the construction industry worked with asbestos without the proper protection and the inhalation developed into serious health problems in later life.

The incubation period of asbestos related diseases such as Asbestiosis and mesothelioma is over 15 years, so the chronic effects of asbestos inhalation can take some time to develop. This means that sufferers may think that the negligence that they are a victim of is long in the past and forgotten, but this is not the case. Asbestos solicitors can advise sufferers on their rights and the compensation they are entitled to as well as how to pursue it. These debilitating diseases can be all but incapacitating once they surface and it affects the livelihood of sufferers and their families, who need the financial support that compensation would provide.

There is government advice available to those who think that they may be exposed to asbestos in the workplace. Asbestos is extremely carcinogenic and is the biggest cause of work related deaths in the UK; with such a long incubation period it can be possible to do serious damage without realising it. If you have handled asbestos in your private or professional life unprotected it is important that you see are examined to see if you could be at risk and to have Asbestos flagged up on your medical record. Negligence of this type within industry does not expire or get forgotten about; if you are suffering with asbestos related disease it is vital seek out the compensation that you deserve.

Protecting your pension and annuities in divorce

Admin PAL — Mon, 02 Apr 2012 13:08:04 +0000

For many divorcing couples, the pension pot represents that largest equity that needs to be divided; only the family home typically compares. There are many complex issues to consider when making a financial split on pensions.

Visit this annuities site for more information on pension splitting. Also, review the guides available on the pensions advisory service website

Sharing pensions as it is sometimes known typically involves splitting the total value of the pensions held between the couple. For example, a husband who has been a serving police officer for 30 years will have a sizeable pension annuity pot. This would be a contributing factor to the total equity that the couple owned and as such would have to be factored into the financial split.

As attractive as it sounds to hide your pension pot offshore and away from your divorcee, this is neither legal nor practical. The best thing you can do in this sort of situation is to seek professional financial advice. IFAs are your ally here, as well as your solicitor.

Just remember to consider your wider financial assets when making agreements on your divorce settlement.

How can business dispute lawyers help to win your case?

Admin MET — Mon, 26 Mar 2012 09:41:52 +0000

If you are going through a business dispute, such as an unfair dismissal claim, it’s only natural to feel the pressure and fear of the unknown. The first step in settling any dispute is to look for an attorney that specializes in the same kind of law you are battling in. For the most part these types of disputes can be handled outside the courtroom. It is beneficial to many people if they are able to be handled civilly before they are taken in front of a judge. And many people do opt to do that, however there are those who are just out to get money and refuse to help take any responsibility at all.

If you find yourself in the middle of adispute you may want to consider speaking with friendly business dispute lawyers to get everything handled appropriately and quickly. An attorney can come in and take a look at all your information and let you know exactly what can be done. It’s important to make sure that you have documentation everywhere alarming to a business dispute on your end. Lawyers love having visual, written proof as it helps to put proof in the hands that read it most, that way it can get proven. With any business dispute make sure you have checked all your state laws as to what takes place.

Whatever the case you will surely come out on top in the game of business disputes. If you require the enlistment of the services of a lawyer you may want to look around to find one that is trustworthy and reliable since you will be sharing with them valuable information that should never get into the wrong hands. So the benefits are huge to get a lawyer to help settle business disputes, look into getting one today.

Employment Law What are your Rights?

admin — Mon, 20 Feb 2012 17:16:30 +0000

The legal rights of workers in Britain have evolved steadily over the past few centuries, moving from a system in which child and slave labour were accepted to one that confers numerous rights on employees. Though employment law is subject to change, its principal aim to ensure the equitable treatment of people in the workplace continues to provide employees with a degree of security.

Solicitors
Employment law advice is available from various sources, but few can claim to be as knowledgeable, helpful and capable as specially trained employment law solicitors, whose job it is to understand the law and apply it in the interests of their clients. Employment law solicitors are usually only called upon when disputes arise in the workplace, such as when employees believe they have been dismissed unfairly.

Areas of Employment
Some branches of employment law share common ground with other specialities, including personal injury, contract and human rights. The areas of employment law most often dealt with by lawyers include claims for unfair or wrongful dismissal, constructive dismissal, redundancy, working hours, discrimination, harassment, occupational illness, maternity and paternity rights, employment contracts, TUPE (mergers), dispute resolution, minimum wage, salaries and bonuses, disclosure and civil litigation. Each of these areas is likely to feature numerous types of legal issue.

Dismissal
Employment law solicitors are no more useful than when they help clients win back their jobs – or receive damages – after being unfairly or wrongfully dismissed. Lawyers can assist clients by briefing them before and during an employment tribunal, although many cases are resolved earlier through mediation. Employment law aims to balance the sometimes competing interests of employers and employees to reach settlements that are legally just or equitable.

Discrimination and Harassment
Two other important areas in which employment law serves to protect workers are discrimination and harassment. Discrimination can adopt various forms, but most claims are based on issues of sex, religion, age or disability. Every person ought to have an equal chance of succeeding in the workplace, but many find that employers limit their prospects for reasons that are not connected to ability or performance. Workers can also take legal action against their employers or supervisors if they are harassed or bullied in the workplace.

Do we Believe all we see on TV!

admin — Mon, 20 Feb 2012 17:14:19 +0000

In the last few years, the TV advertising landscape has changed dramatically, particularly in the field of daytime viewing. Where once advertising tended to focus on household products and consumer goods, nowadays there is a huge presence of companies promoting themselves as personal injury experts and specialists in dealing with the legal matters arising from such claims.

Compensation Claims
This form of advertising has led a far more aggressive compensation market, which has been actively encouraging the public to make injury claims at work, even if the incidents are several years old. They advise people to hire lawyers to seek compensation from the companies, employers or individuals involved.

Many of these offers are advertised on a ‘no-win, no-fee basis’, with large figures relating to previous client successes flashing across the screen. And they certainly have been effective, with record numbers of applicants contacting these lawyers and pursuing out-of-court settlements or taking claims to court.

The Consequences
The effects have been serious. For every person who claims for a personal injury, a large number of non-claiming customers bear the costs through rises in insurance prices. Witness, for example, the rising cost of car insurance resulting from these claims and the increasing number of drivers who drive without insurance, saying they can’t afford it.

The litigation culture has also led to a heavily regulated health-and-safety culture and the cancellation of activities deemed to be ‘too dangerous’, such as school trips, where the public-liability insurance premiums are too expensive for schools and youth groups to pay.

Scammers
The fact remains that for every personal-injury claim that is genuine and deserves compensation, there are other claims which need careful assessment to assess how genuine they really are. Weeding out ’scammers’ is a time-consuming, expensive job that unfortunately continues to have an impact on the everyday insurance costs that the public must pay to cover such activities. It continues to curtail some enjoyable activities, as the burden of regulation and other ‘protective’ measures becomes too much for the public to bear.